Top Class Actions  |  November 10, 2022

Category: Closed Class Actions

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

Close up of a frustrated young man on the phone, representing the Bath Saver spam calls lawsuit settlement.
(Photo Credit: fizkes/Shutterstock)

UPDATE:

  • This class action settlement is paying out up to $303.02 as of June 12, 2023.
  • Congratulations to everyone who filed a claim and got paid!

Bath Saver Inc. and franchisee Bath Fitter have established a settlement fund of $1.95 million to resolve a class action lawsuit claiming the company violated federal law regulating spam phone calls.

The settlement class is defined as anyone in the United States who Bath Saver or its affiliates — Kitchen Saver and/or Homespire Windows/Doors and their affiliates — called two or more times in a 12-month period on a telephone number registered with the National Do Not Call Registry for more than 30 days and for whom there is no record of written consent to call or there is a record of the person requesting to not be called. 

Bath Saver was accused of violating the federal Telephone Consumer Protection Act (TCPA), which was created to protect consumers from unwanted and unsolicited automated calls, sometimes called robocalls. 

Bath Saver denies wrongdoing, saying it is paying the settlement to avoid trial costs. 

Plaintiff Carol Miller, who placed her name on the National Do Not Call Registry in 2013, alleged in the class action lawsuit that she received prerecorded phone calls from the defendant. When the call was returned, the caller was met with an automated system that identified itself as Bath Fitter, which is a co-defendant franchisee associated with Bath Saver Inc. 

The plaintiff had no established business relationship with the clients, a condition of the TCPA for making marketing calls. Others complained Bath Fitter made multiple calls per week.

Bath Fitter is a bathtub and shower stall manufacturer that reports having more than 2 million customers. The company offers “one-day” installations of new shower or bath liners with no demolition or mess. Bath Saver is a franchisee that operates in Harrisburg, Pennsylvania. 

Settlement class members are eligible to receive a pro rata share of the spam calls class action lawsuit settlement, after attorney fees, administrative costs and other expenses are deducted from the fund. 

Those who wish to exclude themselves from the settlement and those who wish to object to the fairness of the settlement may do so by Jan. 3, 2023. 

A final approval hearing will be held Feb. 2, 2023.

Class members who wish to take part in the spam calls lawsuit class action settlement must submit a claim form no later than Jan. 3, 2023.

Who’s Eligible

Anyone in the U.S. who Bath Saver or its affiliates — Kitchen Saver and/or Homespire Windows/Doors and their affiliates — called two or more times in a 12-month period on a telephone number registered with the National Do Not Call Registry for more than 30 days without consent

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/03/2023

Case Name

Miller v. Bath Saver Inc, Case No. 1:21-cv-01072-JPW, in the U.S. District Court for the Middle District of Pennsylvania

Final Hearing

02/02/2023

Settlement Website
Claims Administrator

Bath Saver Settlement
c/o Settlement Administrator
P.O. Box 4710
Portland, OR 97208-4710
info@BathSaverSettlement.com
800-380-7975

Class Counsel

Avi R Kaufman
KAUFMAN PA

Stefan Coleman
COLEMAN PLLC

Defense Counsel

For Bath Fitter Manufacturing:
Desiree Fernandez
Mitchell E. Widom
Raquel Fernandez
BILZIN SUMBERGDoher Joseph Ferris Jr.
Raymond Lemisch
KLEHR HARRISON HARVEY BRANZBURG LLPFor Bath Saver Inc.:
Alexander Valdes
Isaac J. Colunga
Michael Ruggio
ICE MILLER LLP

Read About More Class Action Lawsuits & Class Action Settlements:

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

21 thoughts onBath Saver, Bath Fitter spam calls $1.95M class action settlement

  1. Barbara Kane says:

    Waiting on my settlement check I sent in my husbands death certificate and the will that showed I was his fiduciary?

  2. Sue says:

    I have Something coming in the mail today from them.

    1. Sue says:

      $303.02!!!

  3. PRAKASH C SHAH says:

    Add me

  4. Oneita Steele says:

    I have been on the do not call list for a number of years but I still get tons of calls daily it is so annoying. Please add me

  5. Donna Coster says:

    I need to be added to Bath Fitter Settlement please. They were calling me daily for months

  6. Deborah Duerr says:

    Add me

    1. James Lewis says:

      Spam always calling at least 6 hours a day or more. Driving crazy sometime I just don’t answer the phone. Take anything it’s a spam

  7. Clara Williams says:

    Add me

  8. margaret burdulis says:

    ad me?

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.